Legal experts had thought the judges would fall overwhelmingly on the pro-Remain side when deciding on the Government’s right to invoke Article 50 of the Lisbon Treaty that would trigger the UK’s departure from the EU.
But the margin is much narrower, with judges believed to be split seven to four in favour of insisting Parliament must decide.
However, the news is a boost for the Brexit side, as some had feared before last week’s case that the Government could lose the appeal by a majority of 10 to one. A narrow win will make it harder for pro-EU MPs and peers to stand in the way of a decision to trigger the start of talks to leave the EU by the end of March. One source said: “It is difficult to predict how the case is going to go but the thinking of those in the room is that there might be a sizeable minority who are with the Government. It’s unlikely to be a slam dunk either way.”
But last night Gina Miller, the wealthy businesswoman who led the legal challenge to Prime Minister Theresa May’s right to trigger Brexit, criticised the advisers’ attempt to second-guess the judges’ decision.